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Guide to ’s System Guide to Iowa’s Court System Table of Contents

Table of Contents

Introduction to Iowa’s Court System...... 1 and Structure Chart...... 1 The ...... 2 A Snapshot of Iowa’s District Court Case Load...... 2 District Court Procedures: civil, criminal and juvenile...... 3 ...... 3 Other Civil Procedures: small claims and family cases...... 4 and Sentencing...... 4 Juvenile Court Procedure...... 7 District Court: , court staff and court structure...... 8 Iowa’s Judicial Districts...... 10 Appellate ...... 11 A Snapshot of Iowa’s Appellate Court Case Load...... 11 Appellate Procedure...... 11 Appellate Court: judges and court staff...... 12 Iowa Judicial Branch Administrative Structure...... 13 Iowa Administrative Duties...... 13 Iowa’s ...... 14 Eligibility for Judicial Office...... 14 Judicial Selection...... 14 Nominating Commissions...... 14 District Nominating Commissions...... 14 Appointing Comissions...... 14 Judicial Retention ...... 15 Judicial Accountability...... 15 Judicial Qualifications Commission...... 15 More Information About www.iowacourts.gov...... 16 Guide to Iowa’s Court System Page 

Introduction to Iowa’s Courts

This guide describes in summary how court cases proceed from beginning to end. It also describes the structure and administration of Iowa’s courts and how Iowans select their judges. At the end of this guide is a website directory for more information about Iowa’s court system and court services.

Courts exist to impartially resolve disputes and interpret questions of law brought to the courts in the form of cases. Cases filed with the courts involve a broad scope of problems and issues, including disputes, family matters, criminal violations, landlord-tenant disputes, claims, condemnation battles, employment matters and assertions of constitutional rights. As a general proposition, all cases begin, and nearly all cases end, in the , also known as the district court. However, sometimes a party who disagrees with a district court decision will ask a higher court, known as an appellate court, to review the decision. This process is called an . In Iowa, all are filed with the supreme court. The supreme court retains certain cases to decide itself, and transfers other cases to the court of appeals for a decision. A litigant who is dissatisfied with a court of appeals decision may seek further review by the supreme court.

Iowa Trial and Appellate Court Structure Chart

Iowa Supreme Court • May accept a case or transfer it to the Court of Appeals Court of Appeals • Decides cases that involve legal issues of first im- pression, substantial constitutional issues and is- • Decides only cases transferred to it by the Iowa sues of great public importance Supreme Court • Typically decides cases in which the legal issues

• Its decisions become that lower courts must follow are well-settled • Court of Last Resort —its decisions are final for all • Court of Intermediate Appeal – 90% of all ap- cases except those involving a Federal issue that peals are transferred to this court are heard by the U.S. Supreme Court • 9 judges sit in 3 panels of 3 judges • 7 , hear cases “en banc” (all justices to- • A party may ask the supreme court to review a court of appeals decision, a process called fur- gether) ther review

Both the Court of Appeals and Supreme Court can –send a case back to a for a new trial or other action.

District Court • Nearly all cases begin in the district (trial) court • Three levels of judges within district court: district judges have general over all types of cases; associate judges (district associate, associate juvenile, associate ) and have limited jurisdiction • 1 district court in found in each of the 99 counties; districts are organized into eight judicial districts for administra- tive purposes • After the court enters a decision, dissatisfied party may appeal the decision to a higher court; small claims decisions of magistrate and district associate judges are appealed to a district ; appeals from other types of cases are to the Guide to Iowa’s Court System Page 

The District Court Approximately 14% of all judicial officers’ time is devoted to civil cases. cases, particularly, personal A Snapshot of Iowa’s District Court Case Load injury , such as medical malpractice claims, The district court is where parties start their lawsuits, garner a lot of media and public attention because of file criminal charges, take place, the perceived impact of tort litigation on the cost of offer , testify, products and services. However, tort cases make up a deliberate, and judges enter judgments. Iowa’s district small fraction of the civil case load, which constitutes courts handle just over one million cases a year. only 3% of all cases filed in the .

The two most common case types are simple Probate cases (estates, guardianships, conservatorships, and small claims. Simple and adult mental health or substance misdemeanors, which are lesser criminal offenses commitments) account for just over 2% of all case such as traffic offenses and county and city ordinance filings, and 6% of judges’ time throughout the state. violations, account for nearly 75% of all district court cases filed each year. However, because most people do not contest these violations and voluntarily pay the fines to the clerk of court, simple misdemeanors account for only about 10% of the work time of judges and magistrates throughout the state. Small claims cases, which are civil claims for damages that amount to $5000 or less, account for more than 9% of all filings and about the same percentage of all judicial officers’ work time.

Statewide, judicial officers spend more time on indictable criminal cases (serious offenses that include offenses) than any other case category. While these cases represent less than 10% of the total number of cases filed, they are extremely labor intensive. Judges and magistrates collectively spend about 25% of their time on indictable criminal cases.

Civil cases involving children and families also consume a large chunk of court time. cases include dissolution of marriage, child support and custody, and civil actions for protection from domestic violence. These cases represent less than 5% of all district court filings, but they demand 15% of all judicial officers’ time.

Juvenile cases require even more court resources. The juvenile caseload includes: delinquency, children in need of assistance, juvenile mental health or substance abuse commitments, and termination of parental rights. Together these cases comprise only about 1% of the total case filings, but because they are extremely time- consuming, they account for almost 20% of judicial work time throughout the state.

General civil litigation (not including family law cases) runs the gamut from contract disputes to foreclosures to claims (personal injury or property damage). Guide to Iowa’s Court System Page 

District Court Procedures: civil, criminal and conference, a judge and the lawyers for the parties juvenile discuss a wide variety of trial topics and the judge will While the process in district court involves the set a trial date. assertion of claims and the presentation of evidence to support or refute claims, there are specialized procedures for criminal, civil and juvenile procedures. Civil Trial Certain civil actions, such as family law cases and Civil Procedure probate cases, do not involve a . Other civil actions Civil cases typically fall into three major categories: may be tried to either a judge (referred to as a family law (e.g., and child support and custody), trial) or a jury. Generally, the must request a tort law (e.g., personal injury, property damage, or . If such a request is not made, the case will ), and contract law (e.g., written and proceed to a , in which the judge, rather than oral agreements). The procedures for each type of civil a jury, acts as the fact finder and enters the . case are essentially the same with slight differences for family cases and small claims cases. Jury Selection—If the plaintiff requests that a jury determine the outcome, the court will proceed with Pretrial Procedures the jury selection process. A jury panel consisting of First Steps: Petition and Answer—A civil action is sixteen jurors will be drawn randomly from a jury pool. commenced by one party a petition in the district The judge and the parties then have the opportunity court clerk’s office. In most cases, this party is referred to ask the prospective jurors questions to screen for to as the plaintiff. In domestic relation cases, the person potential biases. This process is referred to as voir dir. filing the petition is the petitioner. In the petition, the From that panel, each party will strike or remove four plaintiff sets forth the parties involved, the plaintiff’s jurors, leaving an eight-person jury. legal claims, and the remedy sought by the plaintiff. The petition must be served on the opposing party. Opening Statements—Each party has the opportunity An opposing party, referred to as the or to give an opening statement, which is an overview in cases, the respondent, has an of the evidence that is expected to be presented. The opportunity to file an answer to the petition. An answer opening statements are followed by the presentation of is a document denying or admitting liability. evidence.

Pretrial Motions and Discovery—After the initial Presentation of Evidence—Parties generally present petition, the parties may file pretrial motions. These evidence by calling witnesses and asking questions. motions may request the court to dismiss the entire Each party must abide by the Iowa Rules of Evidence , dismiss a claim or party, or limit the evidence in doing so. These rules govern what evidence is to be presented at trial. The parties may also engage admissible at trial, and how it is presented. If a party in discovery—a process to obtain information from believes the other party is not following the rules, the opposing party. During discovery, a party may that party may raise an objection: “I object!” The file interrogatories, which are written questions to be judge will either sustain (grant) or overrule (deny) the answered by the other party. A party may also take objection. depositions, or ask oral questions, of a after the witness has taken an oath to tell the truth. Parties The plaintiff must present evidence first. The defendant often reach a settlement or an agreement to resolve the has the opportunity to cross-examine—question lawsuit during this process. the plaintiff’s witnesses. After the plaintiff is done presenting evidence, the defendant may present Pretrial Conference—After the completion of the evidence. However, the defendant is not required to discovery process and the filing of any pretrial motions, present evidence because the plaintiff has the burden the court will schedule a pretrial conference unless the to prove his/her case. If the defendant does present parties have reached a settlement. During the pretrial evidence, the plaintiff has the right to cross-examine Guide to Iowa’s Court System Page 

each witnesses. After the completion of the Criminal Procedure and Sentencing defendant’s case, the plaintiff may present further Criminal cases involve charges filed by the — evidence to rebut the evidence presented by the typically the state—alleging that a person, the defendant, defendant. has violated a or ordinance. Typically, a person convicted of committing a criminal offense is Closing Arguments—Once all parties are through subject to certain penalties such as paying a fine and presenting their evidence, they each have an , serving time in prison or jail, or community opportunity to make closing arguments. Closing . arguments are an opportunity to persuade the judge or jury to decide the case in favor of a party. Closing Criminal law is divided into two major classifications: arguments must be based upon the evidence produced misdemeanors and . Misdemeanors are divided into in trial. three categories: simple, serious, and aggravated. Felonies are more serious , and are classified from the most Jury Deliberation—Prior to or after closing arguments, to the least serious as follows: class A, B, C, and D. For the court will give the . Jury both and felony offenses, the penalty for instructions describe the law and procedure that the generally increases in severity with the level of jury must follow in making its decision. After the offense. conclusion of the closing arguments, the jury will discuss the evidence in private. To reach a decision, Pretrial Procedures seven of the eight jurors must agree. If the jury cannot Initial —Generally speaking, a person arrested agree, the court may declare a hung jury and the case for breaking a criminal law appears before a judge within may be tried again to another jury at a later date. twenty-four hours. The judge will inform the person of the charges and or conditions of release. For some minor Other Civil Procedures: small claims and family offenses, the judge may allow the person to enter a plea of law cases guilty or not guilty at the initial appearance. Small claims procedures are a simplified version of basic civil procedures. Small claims cases never Preliminary —After the initial appearance, the involve the use of a jury or opening or closing defendant is entitled to a preliminary hearing to determine arguments. In a small claims case, strict adherence to if there is sufficient evidence to continue the case. rules of evidence is not required. Generally, the defendant will waive that right, and the will file a trial information, which is a formal Family law cases such as dissolution of marriage cases statement of the charges. never involve a jury or opening and closing arguments. Indictment—On occasion, the county attorney will call a , a panel of seven citizens, to decide whether criminal charges should be brought. If at least five of the seven grand jurors find there is enough evidence to a conviction by a trial jury, an indictment will be presented to the court. The indictment initiates a criminal proceeding.

Arraignment—Following the filing of a trial information or indictment, the defendant will appear for an . At the arraignment, the court will read the formal charges and the defendant must enter a plea, generally guilty or not guilty. If the defendant cannot afford to hire an attorney, the court will appoint an attorney to represent the defendant.

If the defendant enters a not guilty plea, there must be a Guide to Iowa’s Court System Page 

trial within 90 days from the date of the filing of the judge will then either sustain (grant) or overrule (deny) trial information or indictment. However, the defendant the objection. During a bench trial, the judge may may waive the right to a . The defendant reserve ruling on the objection. may also waive the right to a jury trial, and instead The state will present its evidence first. The defendant have the judge decide the case. is not required to present any evidence because the state bears the burden of proving the defendant is guilty Discovery—The defendant may engage in discovery, beyond a reasonable doubt. If the defendant presents including requesting evidence from the state and taking evidence, the state has the opportunity to present depositions of witnesses. The defendant may also file rebuttal evidence. Also, both sides have the right to various pre-trial motions, including motions to exclude cross-examine each other’s witnesses. evidence believed to be illegally obtained. Closing Arguments—Once the parties are through Plea Bargain—The defendant and the state may engage presenting their evidence, they each have an in plea bargaining—discussions to resolve the charges opportunity to make closing arguments to the jury. without going to trial. If the defendant and the state do Closing arguments are an opportunity to persuade the not reach an agreement, the court may schedule a pre- judge or jury to decide the case in favor of a party. trial conference and thereafter a trial date. Closing arguments must be based upon the evidence produced in trial. Criminal Trial Jury Selection—If the case proceeds to a jury trial, The Verdict—Unlike a civil jury trial, the jury in the parties will have the opportunity to question the a criminal case must return a unanimous verdict-- prospective jurors—a process called that either guilty or not guilty. The jury may also find the is used to screen jurors. In a criminal case, the jury defendant guilty of a lesser charge, if that lesser charge is comprised of twelve jurors and each party may was submitted to the jury in the jury instructions. If the exercise strikes, which means objecting to a certain jury cannot reach a unanimous verdict, the court will person serving on the jury. The number of strikes is declare a mistrial and the case may be tried again to determined by the level of the offense charged, ranging another jury at a later date if the prosecutor so chooses. from four to ten. Additionally, the court may determine that alternate jurors are necessary. Sentencing After the return of a guilty verdict, the jury’s duty is Opening Statements—Following jury selection, the complete. The jury is not involved in determining the state will read the trial information or indictment and defendant’s punishment; sentencing is left solely to the the defendant’s plea. Next, the state may then give an judge. The court will schedule a sentencing hearing, opening statement which summarizes the evidence and and both sides will have the opportunity to make the charges the state will prove. The defendant may sentencing recommendations. give an opening statement immediately following the state’s opening statement or wait to give an opening Pre- Investigation—Before any defendant is statement after the prosecution has finished its case. sentenced (except in traffic and less serious criminal matters) the judge is given a pre-sentence investigation Presentation of Evidence—After opening statements, report prepared by a probation officer. This report the parties present evidence through the questioning of contains information such as the defendant’s criminal witnesses and introduction of evidence such as objects, record and family and financial circumstances, harm to documents, photos, and other items that support any victims, and sentencing recommendations from the allegations. Each party must abide by the Iowa Rules probation officer and others. of Evidence in doing so. These rules govern what evidence is admissible at trial and how it is presented. Victim Impact Statement—Victims may make a written If a party believes the other party is not following the victim impact statement and read their statement in rules, that party may raise an objection: “I object!” The court. Guide to Iowa’s Court System Page 

the defendant’s compliance. In Iowa, community-based Sentencing —The decides the types correctional programs are public agencies that are of punishments that apply to each type of . In supervised by appointed boards of directors. determining the sentence of a particular defendant, the court considers which sentence or combination Deferred —In some cases, the court may of sentences as authorized by the legislature, in the grant the defendant a deferred judgment. If the discretion of the court, will provide for the maximum defendant successfully completes certain conditions opportunity for rehabilitation of the defendant and the during a fixed period of probation, the crime will be protection of the community from further offenses by removed from the public court record. the defendant.

After careful consideration, the court will impose a sentence that may include a fine, jail or prison term, probation, community service, and victim resitution. The amount of a fine or the term of imprisonment entered against a defendant must be within the parameters set by the legislature. Judges do not have the legal authority to impose sentences outside these statutory parameters.

Incarceration—A defendant who is sentenced to a term of imprisonment greater than one year is turned over to the custody of the Iowa Department of , an branch agency. The department decides in which prison facility the defendant will serve the sentence. However, a defendant who receives a sentence of less than one year typically serves that time in a county jail.

Parole— who are sent to a state correctional facility may be released prior to the expiration of their sentence. This early release is known as parole. Parole is granted by the parole board, which is an executive branch body composed of citizens appointed by the and confirmed by the Iowa . Certain conditions are attached to parole. If a defendant violates these conditions, parole may be revoked and the defendant may be returned to the correctional facility.

Probation—Probation is another sentencing option. Probation comes with court ordered conditions attached. A defendant must comply with these conditions to successfully complete probation. A defendant who violates a probation order may be sent to a correctional facility or a county jail. A defendant who is on probation is placed under the supervision of a community-based correctional program that monitors Guide to Iowa’s Court System Page 

Juvenile Court Procedure Review—The court must hold a review hearing every The juvenile court is a specialized court within the six months after a child has been removed from the district court that presides over four kinds of cases home. At a review hearing, the judge will review the related to children: parent’s efforts to comply with court-ordered treatment • Child in Need of Assistance (CINA) cases most and services, the condition of the child, and the typically involve abused, abandoned, or neglected placement of the child if the child was removed from children, and sometimes lead to termination of her parents. parental rights. • Delinquency cases involve acts that would be Termination of Parental Rights—Under certain considered criminal acts if committed by an adult. circumstances, a juvenile judge may enter an order • Commitment proceedings involve the placement terminating a parent’s parental rights. This order of a child in a hospital or other treatment facility permanently ends the parent’s legal relationship to for mental illness or a substance abuse problem. the child, and frees the child for adoption. The most • Adoption. common ground for termination of parental rights Juvenile court cases involve a series of court hearings is that the child has been placed in foster care for that differ somewhat depending on the type of case. an extended period of time and the parent, despite the provision of services and treatment, is unable Child in Need of Assistance (CINA) to safely care for the child. The state may seek to Removal—At the state’s request and with sufficient expedite termination of parental rights under certain , a juvenile judge may remove a child from his or circumstances, such as when a parent has abandoned a her home without a hearing if the child is in imminent child, when a parent has severely abused a child, and danger. If a child is removed without a hearing, a when the parent is serving a long prison sentence. hearing must be held within 10 days after the removal. Additionally, Iowa law provides that if only one parent Delinquency Proceedings or adult in the home poses a risk to a child, the court In general terms, a delinquent act is an act by a child can enter an order removing the parent/adult from the that would constitute a crime if committed by an adult. home rather than removing the child. Intake—In most situations involving delinquent —A CINA case begins when the behavior, the first step is “intake.” This is the state files a petition that alleges a child is need of preliminary screening of a by a juvenile assistance for certain reasons, such as the parent is not court officer and the child’s parents. The purpose of providing adequate care or cannot provide the child intake is to determine whether the court should take with adequate care, treatment for an illness or drug action in the case. From intake the case may proceed in addiction, or reasonable supervision, or the child has two directions, either to informal adjustment or to the been abandoned, neglected or abused by a parent or filing of a formal delinquency petition. If a child has guardian. At the adjudication hearing, the state will been apprehended or detained by , the offer evidence and call witnesses to support its claim. matter may go straight to the filing of a petition without Typically, the parents deny and contest the allegations, the intake procedure. The petition is generally filed by and offer evidence to refute the state’s claim. On the county attorney. occasion, parents agree that their child is in need of assistance so the state can provide treatment and other Informal Adjustment—If a matter proceeds by informal services that the parents are unable to provide. adjustment, the child, the child’s parents and juvenile court services sign an informal adjustment agreement Disposition—After the adjudication hearing (and that requires that the child admit the charges and agree the removal hearing if applicable), the judge holds to certain conditions. If a child obeys the conditions of a disposition hearing. At disposition, the judge the informal adjustment agreement, the child is released determines what services should be provided to the from the oversight of the juvenile court. parents to help them overcome whatever problems led to the need for adjudication, what services should be Formal Proceedings—The filing of a petition by the provided to the child, and whether the child should be county attorney on behalf of the state triggers formal placed out-of-home. court proceedings. The petition contains allegations of the child’s delinquent acts. Most petitions proceed Guide to Iowa’s Court System Page 

to adjudicatory hearings. An adjudicatory hearing is District Court: judges, court staff and court a court hearing to determine if the allegations in the structure petition are supported by evidence. The child has the right to be represented by . If the child Judges cannot afford counsel, counsel will be provided at The Iowa district court is composed of different kinds state expense. Both sides present evidence. If the of judicial officers—judicial magistrates, associate child is found not to have committed the alleged juvenile judges, associate probate judges, district delinquent acts, the petition is dismissed and the child is no longer under the jurisdiction of the court. associate judges, and district court judges—with If the child is found to have committed the acts, varying jurisdiction or authority. the child is adjudicated a delinquent. A disposition hearing follows a determination of delinquency. At the Judicial magistrates serve primarily within the county disposition hearing the court determines the appropriate of residence. They may hear cases in other counties if consequences or treatment for the child. assigned by the chief judge of the magistrate’s district. Magistrates serve four-year terms and are appointed by Waiver—In cases involving violent criminal behavior county magistrate appointing commissions. Although by older adolescents there may be a waiver hearing to magistrates are not required by law to be attorneys, decide if a child should tried as an adult. A juvenile most magistrates are attorneys. Magistrates have judge may “waive” a child to adult court if the child jurisdiction over simple misdemeanors, including is over 14 years of age and there are no reasonable prospects to rehabilitate the child in juvenile court. scheduled violations, county and municipal infractions, If a child is sixteen or over and commits a “forcible and small claims. Magistrates have authority to issue felony,” that child is automatically waived to adult search warrants, conduct preliminary hearings, and hear court. Once waived to adult court, the child is no certain involuntary hospitalization matters. longer under the jurisdiction of the juvenile court and is subject to the same criminal procedures and penalties Associate juvenile judges preside over juvenile cases as adults. and adoptions only. They have authority to issue orders, findings, and decisions in juvenile cases, including Disposition —The court has two disposition options: cases that involve juvenile delinquency, child in need probation or placement. If the court orders formal of assistance, and termination of parental rights. probation, the child must comply with certain conditions. If a child successfully completes the Associate juvenile judges serve six-year terms. They probation, the child is released from the jurisdiction of are appointed by the district judges of the judicial the court. If a child does not comply with probation, the district from a slate of nominees screened and selected child will be subject to further disposition by the court. by the county magistrate appointing commission. In addition, the court may place the child in foster care, residential treatment or a state . District associate judges have the jurisdiction of judicial magistrates plus authority to hear serious and aggravated misdemeanor cases, civil suits in which the is $10,000 or less, and juvenile cases when the judge is sitting as a juvenile judge. District associate judges are appointed by the district judges of the judicial district from a slate of nominees screened and selected by the county magistrate appointing commission. Their term is six years.

District judges have the authority to hear any type of case within the district court. District court judges typically hear a variety of cases including probate, felony criminal cases, dissolution of marriage, adoptions, disputes involving actions of state Guide to Iowa’s Court System Page 

administrative agencies, juvenile cases and other Court attendants have a variety of duties, such matters. Many district judges travel extensively as overseeing the activities of jurors, facilitating to make sure all of Iowa’s counties have a regular proceedings, and helping judges with schedule of judicial service. District judges are reception duties and clerical work. appointed by the governor from a slate of nominees chosen by the judicial district nominating Court reporters serve an important court function. commission. Their is six years. Court reporters record everything that is said in the courtroom. Their notes and transcripts, which are a District Court Support Personnel verbatim account of the court proceedings, are part of A clerk of district court manages and maintains all the official court record. court records filed in the county. Clerks of court have hundreds of administrative duties, some of which Juvenile court officers (JCOs) work directly with include: troubled young people. Juvenile court officers and their • Accepting and processing fines, fees and court staff serve an intake function for delinquency cases. costs owed to the state, child support checks, and They arrange for treatment and services for juveniles civil judgments owed to litigants with problems. They work closely with the families of • Disposing of uncontested scheduled violations troubled children. JCOs arrange for a young person to • Notifying state and local government agencies, pay victim restitution or perform community service. including law enforcement agencies, of court They work closely with schools and law enforcement orders officials. They monitor a juvenile’s progress. Juvenile court officers also administer “informal adjustment programs” for youths who are not formally charged with delinquency, but who still require some form of supervision to ensure accountability. Guide to Iowa’s Court System Page 10

Iowa’s Judicial Districts

For administrative and case scheduling purposes, the Iowa District Court is divided into 8 judicial districts. District One: Allamakee, Black Hawk, Buchanan, Chickasaw, Clayton, , Dubuque, Fayette, Grundy, Howard, Winneshiek

District Two: Boone, Bremer, Butler, Calhoun, Carroll, Cerro Gordo, Floyd, Franklin, Greene, Hamilton, Hancock, Hardin, Humboldt, Marshall, Mitchell, Pocahontas, Sac, Story, Webster, Winnebago, Worth, Wright

District Three: Buena Vista, Cherokee, Clay, Crawford, Dickinson, Emmet, Ida, Lyon, Kossuth, Monona, O’Brien, Osceola, Palo Alto, Plymouth, Sioux, Woodbury

District Four: Audubon, Cass, Fremont, Harrison, Mills, Montgomery, Page, Pottawattamie, Shelby

District Five: Adair, Adams, Clarke, Dallas, Decatur, Guthrie, Jasper, Lucas, Madison, Marion, Polk, Ringgold, Taylor, Union, Warren, Wayne

District Six: Benton, Iowa, Johnson, Jones, Linn, Tama

District Seven: Cedar, Clinton, Jackson, Muscatine, Scott

District Eight: Appanoose, Davis, Des Moines, Henry, Jefferson, Keokuk, Lee, Louisa, Mahaska, Monroe, Poweshiek, Van Buren, Wapello,

In addition, some distrcits are divided into subdistricts for purposed of judicial selection and retention elections. Guide to Iowa’s Court System Page 11

Appellate Courts Appellate Procedure

A party dissatisfied with a district court decision may Notice of Appeal appeal the decision to a higher court, known as an Generally, a party must file a notice of appeal within appellate court. An appellate court does not conduct 30 days of the filing of the challenged judgment or trials or hear new evidence. An appellate court reviews order. The notice is filed with the clerk of court in the the trial court record to determine whether the trial county where the district court order was entered. The court made any significant errors. The appellate court party filing the notice of appeal is generally called the can affirm (uphold the decision or order of the lower appellant; the opposing party is called the appellee. court), reverse (set aside the decision or order), or The appellee may file a notice of cross-appeal if also remand (send the case back to the lower court with dissatisfied with the final judgment. instructions, including instructions to hold a new trial). An appellate court decision is called an opinion. An Preparation of the Appeal opinion represents the collective decision of a majority Following the filing of the notice of appeal, the parties of judges or justices, rather than the decision of just one must follow with a number of steps to prepare the case judge or . for submission to the court.

Iowa has two appellate courts: the court of appeals and Order Transcripts—In a typical case, the appellant the supreme court. The primary role of the court of (the party appealing) orders the transcript of the lower appeals is to review cases in which the legal principles court proceeding. The transcript is a written verbatim are well-settled. The primary role of the supreme court account of the trial court proceeding. is to develop and maintain consistency in the law to be applied in lower courts. Appellate Briefs and Appendix—The parties are required to file briefs. A is a written document A Snapshot of Iowa’s Appellate Court Case Load setting forth the facts, a party’s legal arguments, and Each year, about 2,000 appeals are filed with the Iowa the relief sought from the appellate court. The filing Supreme Court. Criminal appeals represent nearly 30% deadlines for briefs vary depending upon the type of of all appeals; termination of parental rights and child case. In their briefs, the parties may request to make an in need of assistance constitute 25%; and family law oral argument before the court. appeals amount to nearly 20%. The parties must also file an appendix. The appendix is a record of the trial court proceedings containing those parts of the transcript, trial court papers, and exhibits most relevant to the issues raised on appeal. The appellant generally prepares and files the appendix.

The time required for the preparation of a typical case, from the filing of the notice of appeal to the filing of final briefs, appendix, and the request for the transmission of the record, is about five or six months. Court rules allow for an expedited process for certain types of cases, such as child in need of assistance and termination of parental rights.

Case Screening Once a case file is ready, the supreme court decides whether to keep the case or transfer it to the court of appeals. As a general proposition, cases which involve Guide to Iowa’s Court System Page 12

questions of the application of existing legal principles Appeals to the U.S. Supreme Court are transferred to the court of appeals. The supreme The Iowa Supreme Court is the court of last resort court may decide to retain a case if it raises substantial in the Iowa court system. Its decisions are final. constitutional questions or if it involves a substantial However, if a case involves a question of federal law or conflict with published Iowa opinion, a fundamental an interpretation of the U.S. , a party may and urgent issue of broad public importance, or appeal to the Supreme Court. However, discipline, among other reasons. the United States Supreme Court has discretion to decide whether it will hear an appeal. Oral Argument In some cases, parties are granted an opportunity to Appellate Court Judges and Staff address the court, a process known as oral argument. During oral arguments, lawyers have a brief period Appellate Court Justices and Judges of time to summarize their legal arguments before Seven justices sit on the Iowa Supreme Court and nine the court and to answer questions asked by justices or judges sit on the . All appellate judges. Both courts have complete discretion whether judges are appointed by the governor from a slate of to grant oral argument. nominees selected by the state judicial nominating commission. Supreme court justices serve eight-year The Opinion terms. Court of Appeals judges serve six-year terms. After a case is submitted to the court or after oral arguments, the justices or judges will discuss in private Appellate Court Support Personnel conference, the legal issues presented in the case. Later, The Iowa Supreme Court and the Iowa Court of the justice or judge who has been given the assignment Appeals are assisted by the Clerk of the Supreme of writing the court’s opinion (written ruling) will Court. The clerk is responsible for maintaining and prepare a draft. The opinion writer circulates copies processing the records in all appeals, and assisting the of the draft opinion to the other members of the court supreme court with motions and screening cases. who may comment on the draft. A justice or judge who disagrees with the opinion may write a , a In addition, each court of appeals judge and supreme writing that explains why the judge disagrees with the court justice has clerical support as well as a opinion. A justice or judge who agrees with the result, to assist with legal research. Staff lawyers also assist but not necessarily for the same reasons, may write the court of appeals with its case work. what is called a special concurrence.

Rehearing and Further Review A party dissatisfied with a decision may file a petition for rehearing, asking the court which heard the case to reconsider its decision. However, rehearing is rarely granted.

After an opinion is filed by the court of appeals, the parties may seek further review by the supreme court. This procedure is commenced by filing an application for further review. When considering an application for further review, the supreme court looks for error of law, decisions in conflict with a published Iowa opinion, the failure to consider a potentially controlling constitutional provision, or whether the case should have been retained by the supreme court in the first place. Guide to Iowa’s Court System Page 13

Iowa Judicial Branch Administrative Iowa Supreme Court Administrative Duties Structure As the constitutional head of the state court system, the Iowa Supreme Court is also responsible for licensing and In addition to its case work, the Iowa Supreme Court disciplining attorneys, and promulgating rules of procedure oversees the administration of Iowa’s state court and practice used throughout the state courts. system. Iowa is one of a handful of states that has a unified court system that is primarily state funded. Under this arrangement, the state pays for the cost of general operations, including compensation and benefits for nearly 2,000 employees and judges, equipment and furniture, supplies, communication and travel expenses. Each county provides facilities in which the trial courts operate.

The State Court Administrator assists the supreme court with managing the statewide court system. The State Court Administrator’s duties include gathering statistical data, arranging training and education programs for judges and staff, and overseeing the business aspects of the day-to-day operation of the state’s court system.

For purposes of administration, Iowa is divided into eight judicial districts. Each district is headed by a chief judge. The chief judge, who is appointed by the supreme court, is responsible for overseeing all district operations and judicial assignments. Each chief judge is assisted by a district court administrator. District court administrators handle the day-to-day responsibilities of managing the financial and personnel business of the district, as well as case scheduling.

The Judicial Council advises the supreme court with respect to the supervision and administration of the judicial branch. The council consists of the chief judges of the districts, the chief judge of the court of appeals and the of the supreme court.

Finally, dozens of committees assist with the administration of justice in Iowa. The supreme court and judicial council depend on these committees to advise them on a broad scope of topics, including rules of procedure, technology, child support guidelines, and most aspects of attorney . Guide to Iowa’s Court System Page 14

Iowa’s Judiciary • Seven non-lawyer commissioners appointed by the governor and confirmed by the Eligibility for Judicial Office • All commissioners, except the chair, serve for a All judges except judicial magistrates must be lawyers term of six years. The chair serves as long as he/ admitted to practice law in Iowa. They must also be a she remains a senior justice. resident of the state, district, or county to which they From the pool of applicants, the commission selects a are appointed. Nominees must be of an age such that slate of three nominees for a Supreme Court vacancy, they can serve a full term of office before reaching age and a slate of three nominees for appointment to the 72. Court of Appeals.

Judicial Selection District Nominating Commissions In 1962, Iowa voters approved a constitutional reform District judicial nominating commissions are that replaced the process of selecting judges by popular responsible for screening applicants and selecting vote with a merit selection and retention election nominees for district court judgeships. There is a process. This reform, referred to as the “ nominating commission for each of Iowa’s 13 judicial Plan,” promotes selection of the best-qualified election subdistricts. applicants and ensures that Iowa has fair and impartial judges who are accountable to the public. At the same Each district commission has 11 members, including: time, it eliminates the need for judges to raise money • A chair, who is the most senior district court from political parties, special interest groups and judge in the district others for an election campaign, an activity that may • Five lawyer members elected by their peers compromise impartial decision making. • Five non-lawyer members appointed by the governor and confirmed by the Iowa Senate The merit selection system involves a nonpartisan • Each commissioner, except the chair, serves a commission that reviews the qualifications of six-year term. The chair serves as long as he/she applicants for judicial office. Applicants provide the remains the most senior district court judge in the commission with extensive information about their district. education, professional career, and qualifications. The district nominating commission provides the In addition, the commission conducts interviews of governor with a slate of two nominees from which to all candidates. Once the commission screens and make an appointment to the district court. interviews applicants, it forwards a slate of nominees to the appointing authority. County Magistrate Appointing Commissions Each county has a magistrate appointing commission The appointing authority varies according to the to assist with the selection of district associate judges, type of judgeship. The governor appoints supreme associate juvenile or probate judges, and to appoint court justices, court of appeals judges and district magistrates. Each magistrate nominating commission judges. The district judges appoint associate judges is composed of the following members: for a judicial district and the magistrate appointing • A district court judge who serves as chair and who commission in each county appoints magistrates. is designated by the chief judge of the judicial district State Nominating Commission • Up to three non-lawyer members appointed by the The State Judicial Nominating Commission interviews board of supervisors applicants and selects nominees for appointment to • Up to two attorneys elected by the attorneys in the the Iowa Supreme Court, as well as the Iowa Court of county Appeals. This commission is composed of: • Appointed and elected commissioners serve six- • A chair, who is the senior justice of the supreme year terms. court, other than the chief justice • Seven lawyer commissioners elected by lawyers Guide to Iowa’s Court System Page 15

Judicial Retention Elections staggered six-year terms. All judicial officers, except magistrates, must stand for retention election at the first general election following The commission dismisses unfounded . If the judge’s appointment, and then near the end of each the commission decides a complaint is warranted it will further investigate the claim. A matter pending before the of the ’s regular term. In a retention commission is confidential until the commission files an election, judges do not have opponents. Instead, voters application with the supreme court recommending the court decide whether to retain a judge in office. If a judge take disciplinary action. The supreme court can discipline receives a simple majority of “yes” votes, the judge or remove a judge for good cause including: persistent may serve another full term. failure to perform the judge’s duties; intemperance; willful misconduct in office; conduct which brings the judicial The length of a regular term varies according to type of office into disrepute; or violations of the Code of Judicial judgeship: Conduct. The supreme court can also retire a judge for a • Eight years for a supreme court justice permanent physical or mental disability that substantially • Six years for a court of appeals judge, district interferes with the performance of the judge’s duties. court judge, and district associate judge • Six years for an associate juvenile or associate probate judge.

Judicial Accountability Our system of government is carefully designed to foster fair and impartial courts while maintaining judicial accountability through a series of checks on judicial power. • If a party believes a judge made an error in a case, the party may appeal to a higher court to review the judge’s ruling. • If citizens disagree with a judge’s interpretation of a law, they may petition the legislature to amend the law and change the law’s effect in the future. • If citizens disagree with a court’s interpretation of the constitution, they have the ultimate power to amend the constitution to undo the court’s interpretation. • If a person thinks a judge has behaved unethically, the person may ask the Judicial Qualifications Commission to investigate. In these ways, courts are accountable to the law, to the constitution, and to the people.

Judicial Qualifications Commission The Judicial Qualifications Commission is an independent entity that investigates allegations of judicial misconduct. The commission does not review complaints about the merits of judicial decisions. In other words, filing a complaint with the commission is not a substitute for an appeal. The commission is composed of four persons appointed by the governor and confirmed by the senate, and a district court judge and two lawyers appointed by the Chief Justice of the Iowa Supreme Court. Commission members serve

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For More Information About www.iowacourts.gov Visit the Iowa Judicial Branch online at www.iowacourts.gov to learn more about the structure and role of Iowa's courts and for self-help tools and resources.

Self Help ...... http://www.iowacourts.gov/for-the-public/ Includes general information about court procedures, family law and juvenile law, and forms and guidance to assist individuals representing themselves in certain court cases, including small claims and divorce. Also includes complaint forms.

Court Forms ...... http://www.iowacourts.gov/for-the-public/court-forms/ Includes copies of official court forms.

Appellate Court Decisions ...... http://www.iowacourts.gov/iowa-courts/supreme-court-opinions/ ...... http://www.iowacourts.gov/iowa-courts/court-of-appeals/opinions/

Public Information ...... http://www.iowacourts.gov/for­the­public/ Includes general information about the courts, judges, procedures, court history, and Iowa courthouses, a special section for students and teachers, and information about public events.

News Service ...... http://www.iowacourts.gov/newsroom/ Includes statewide news releases, the names of court officials at the state and local level who work with the media, general statistical information about the court system, information about audio and video coverage of the courts, and other useful resources for the media.

Online Services ...... http://www.iowacourts.gov/ Pay fines and fees online, search the online court docket records, use eJuror, and access other online services on the How Do I … tab.

Careers ...... http://www.iowacourts.gov/iowa-courts/career-opportunities/

Directory ...... http://www.iowacourts.gov/court-directory/

Complaints About Lawyers ...... http://www.iowacourts.gov/for-the-public/complaints/

Complaints About Judges ...... http://www.iowacourts.gov/for-the-public/complaints/

Legal Glossary ...... http://www.iowacourts.gov/for-the-public/common-legal-terms/